The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is the representative of the C Institute in the C Institute, who is a full-time employee and operates a private teaching institute business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 10,80,000 won in total, including D’s wage of 2,700,000 won in October 1, 2016, wage of 4,050,000 won in November 2016, and wage of 4,050,050,000 won in December 2016, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

2. Determination

(a) Applicable provisions of Acts: Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017);

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. On June 3, 2019, after the institution of public prosecution of this case, the withdrawal of the complaint, stating the intent of the victim not to want the punishment of the defendant, is submitted to this court.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;